United States House Passes Comp Time Bill 1180

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This week, the United States House of Representatives passed House Bill 1180, which would allow private employers to offer employees compensatory time off (“comp time”) in lieu of paying them overtime for hours worked in excess of forty in any one workweek. Under this bill, comp time could be accrued at 1.5 hours for each hour of overtime worked in a workweek. Most public sector employees have had this benefit since 1985.

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Idaho Legislative Update

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As you are aware, the Idaho Legislature is in session and considering new legislation. It is considering several employment and labor bills, but only a few of those under current consideration may affect private businesses in Idaho.

The first, House Bill 71, seeks to amend the law pertaining to discrimination by making it unlawful to inquire about a prospective employee’s past salary history. The statement of purpose for the bill reads as follows:

A wage gap persists nationally,

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9th Circuit Court of Appeals Rules Against Employer in FCRA Case

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On January 20, 2017, the 9th Circuit Court of Appeals, which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon, and Washington, reversed a district court’s dismissal of the plaintiff’s Fair Credit Reporting Act (“FCRA”) claim against an employer.

The Court, in Syed v. M-I, LLC, held that a prospective employer violates the FCRA when it procures a job applicant’s consumer report after including a liability waiver in the same document as a statutorily mandated disclosure.

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Labor’s Attack Against Idaho’s Right to Work Law Fails

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On August 31, 2016, I reported on a case before the Idaho Federal District Court, in which the International Union of Operating Engineers attacked Idaho’s right to work law on 5th Amendment “takings” and preemption grounds.  Late last month, U.S. District Judge Howard J. Lodge ruled that the National Labor Relations Act does not preempt Idaho’s right to work law and that there was no unlawful taking of union dues by forcing unions to represent workers who don’t pay union dues.  

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White Collar Exemption Changes On Hold, for Now

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Last week, on November 22, 2016, the federal Eastern District Court of Texas temporarily enjoined the Department of Labor from implementing its changes to the salary requirements for white collar exemptions. The regulations, as described in my May 18, 2016 blawg article, were to be effective on December 1, 2016 and raised the salary requirement for exemption from $455 per week to $913 per week.

The injunction temporarily delays the implementation of the new rules until the injunction is overturned or upheld on appeal.

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H.R. 6030 “Pay Equity for All Act of 2016” Introduced in the House

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On September 14, 2016, Eleanor Norton (D.C. Representative) introduced H.R. 6030 to the House of Representatives, and that bill was referred to the Committee on Education and the Workforce. The bill would amend the Fair Labor Standards Act (“FLSA”) by adding the following new Section 8:

Sec. 8. Requirements and prohibitions relating to wage, salary and benefit history

It shall be an unlawful practice for an employer to—

(1) screen prospective employees based on their previous wages or salary histories,

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Big Labor Attacks Idaho’s Right to Work Law

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A big labor case filed in Idaho’s federal district court continues to progress. The case, entitled International Union of Operating Engineers Local 370 v. Wasden, Case No. 4:15-cv-00500, was filed on October 22, 2015. The complaint alleges that Idaho’s Right to Work (“RTW”) statute is unconstitutional based upon the 5th Amendment prohibition against takings of private property for public use without paying just compensation. The union’s theory is that because they have an obligation to bargain on behalf of ALL workers in a unit and Idaho’s RTW law allows workers to decide whether to join the representing union and pay dues,

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Have You Hung Your New Posters?

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As of yesterday, August 1, 2016, the Department of Labor requires employers to display new versions of its Fair Labor Standards Act and its Employee Polygraph Protection Act posters.  You will have to print them yourselves as they are not yet available to order.  Links to both printable posters are below.  Please let me know if you have any questions or concerns.

Fair Labor Standards Act Minimum Wage Poster

Employee Polygraph Protection Act Poster

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EEOC Issues Final Rules on Wellness Programs

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On May 17, 2015, the Equal Employment Opportunity Commission issued its final rules on Wellness Program compliance with the Genetic Information Nondisclosure Act (“GINA“) and the Americans with Disabilities Act and its amendments (“ADA“).

FAQ
Fact Sheet

Among the provisions, beginning on January 1, 2017, businesses that maintain a wellness program and collect employee health information must post a notice that is required to:

  1. be written in a manner reasonably likely to be understood by the employee,

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